Oggcast

Software Freedom Law Show episode 0x2c

July 20, 2010

Eben talks about "When Software is in Everything: Future Liability Nightmares Free Software Helps Avoid" to the Scottish Society for Computers and Law (SSCL) in Edinburgh, Scotland on June 30. Karen and Bradley introduce the talk to listeners.

Software Freedom Law Show episode 0x2a

June 22, 2010

Karen and Bradley briefly talk about waiting for the Bilski case to be decided by the U.S. Supreme Court.

Running time: 08:39.

Show Notes

Segment 0 (00:35)

SFLC's office was under construction so Bradley and Karen were in different places, which is why Karen sounds like she is underwater. Producer Dan made it sound a lot better than the original audio! (01:02)

The Bilski decision once again did not come out this week. The Supreme Court publishes all decisions on its website. The SCOTUS blog provides up to date information about the court schedule, including a live blog on the mornings when decisions are announced.(03:03)

Show Notes

Segment 0 (00:33)

The Bilski decision did not come out this week. The Supreme Court publishes all decisions on its website. The SCOTUS blog provides up to date information about the court schedule, including a live blog on the mornings when decisions are announced.(03:34)

Karen mentioned Patent Absurdity, a short movie that features Dan (Karen's also interviewed). (06:21)

Software Freedom Law Show episode 0x24

March 30, 2010

Bradley and Karen discuss the obligations and details of serving on a
Board of Directors of a not-for-profit organization. Following that,
they briefly discuss The Open Source Business Conference and
LibrePlanet conference.

Segment 1 (35:30)

Software Freedom Law Show episode 0x23

Aaron, Karen and Bradley discuss issues around the public domain and
how it relates to copyright in general and copyrights on software in
particular.

Running time: 00:58:13.

Show Notes

Segment 0 (00:36)

Aaron, Bradley, and Karen consider Aaron's status as a
“special host”. Bradley wondered if that meant Aaron hosted a
parasite. (Aaron subsequently got sick two days after recording, and is now playing the role of a biological “special host”.)

Bradley joked that copyright never expires in the USA due to
retroactive extensions enacted by Congress. Aaron noted the Sony
Bono 1998 Copyright Extension Act was the most recent act to do
this. (05:47, 06:28)

Public domain dedications are relatively easy in the USA, but moral
rights issues in European jurisdictions make public domain
dedications difficult. (17:19)

The Berne
Convention respects the issue of public domain, insofar as
something definitely in the public domain in one country doesn't fall
under copyright restrictions in other countries, but doesn't do much
more than that regarding public domain. (17:30)

Creative Commons wrote CC0 to attempt to
harmonize public domain dedication around the world. (18:53)

Bradley pointed out that the “WTFPL” license FAQ
points out that it exists in part because of difficulties in putting
things in the public domain in some jurisdictions. (25:36)

Segment 1 (14:06)

Karen mentioned the slides of her talk would be on the SFLC
website. (14:20)

Trademark rights originate when you use a certain name and/or
logo. (15:30)

You have to use the mark “in commerce” (though for a
short period of time you can file for registration with
“intent to use”); to have the mark; however, the rules
and lingo seem a bit “old fashioned” when focused on online
publication and distribution of free software. (16:30)

The most obvious benefit of registering a trademark is that
registration is clear notice that the mark is being used, and creates a
presumption of notice and ownership. (18:15)

The Madrid Protocol is
a treaty that helps people who have registered trademarks in one
country to easily obtain registrations in other countries. (27:05)

Trademarks are indefinite. A trademark can be kept as long as you
maintain it and continue to use it. Copyrights, by contrast, are
supposed to be limited by how long they can be held (but in reality
don't seem to be, due to copyright extension lobby). (37:15)

Software Freedom Law Show episode 0x21

February 16, 2010

Karen and Bradley welcome Laura Moy, who joins them in studio to
discuss the issues of software freedom with medical devices.

Running time: 00:50:54.

Show Notes

Segment 0 (00:32)

Bradley missed the opportunity to point out the classic “man
in the street” interview has a Latin phrase to describe it, vox populi. Bradley
could not find a definitive link that describes the origins of the
“man in the street” interview, but did find references to
it in the 1950s, and therefore it predates the origin date mentioned on
the show (02:02)

Bradley mentioned that there is a #replicant IRC channel on
irc.freenode.net (26:56), and a Replicant
mailing list. (27:32)

We briefly discussed Symbian
and that fact that someday it's supposed to be fully freed. However,
Bradley mentioned that the governance
is fully corporate
controlled and they don't even have a working build that can be
installed on a modern phone using Free Software yet. (31:10)

Bradley thinks the proprietary relicensing business model that
Michael Widenius supports is on that has run its course and
probably should not be used anymore (20:54)

Segment 1 (22:16)

Bradley said that if it were up to him, all published and deployed
software in the world would be Free Software, and he wishes that the
European Commission would require that for the merger to go through,
but it's not their mandate to do such things. (23:50)

Bradley said if he could make a wish, that he'd wish the European
Commission would put the MySQL code base into a non-profit entity
chartered to never make MySQL proprietary, and to release it under
GPLv3-or-later. (25:45)

Bradley pointed out that it might be good if before that, Oracle
releases MySQL under GPLv3 to get the extra patent assurances, although
Karen points out Eben's letter raises the issue that there is an
implicit patent assurance from the GPLv2 release of MySQL
already. (26:01)

Bradley mentions Oracle's ownership of MySQL copyrights is
dangerous because Oracle's goal is to take away software freedom from
the world with regard to databases, by trying to get all users to
switch to proprietary databases, and that they are likely to use the
MySQL codebase toward this horrible mission. (29:40)

Bradley pointed out that any organization that isn't committing to
releasing all its software as Free Software is a dangerous place for
centralized copyright of a FLOSS codebase. (32:04)

Karen is skeptical about for-profit corporate control of Free
Software because they will always focus on shareholder value over
software freedom principles. (36:08)

Bradley mentioned GuideStar, which is a place you
can find Form 990s at no charge for non-profits in the USA. Bradley
noted that you have to sign up for an account to use their search, but
the 990 downloads are at no charge. (10:15)

Segment 2 (43:38)

Organizations have to file a form with the State or Commonwealth
where the organization is incorporated. (43:55)

New York has more requirements than many states and
commonwealths. New York organizations often need a limited review or
an audit by an accounting firm.
Conservancy made its New York State
FY 2008CHAR-500 (PDF) available as well (44:32)